Salvataggio in mare e flussi migratori intensi e sistematici: quali margini di sovranità statale nelle operazioni Search and Rescue?

International relations are currently strongly marked by transnational migrations, influencing in a relevant critical way all states involved by it. International law has binding rules and guidelines – and not a few of them were ruled quite a long time ago, converging to the international law of the sea – and they can either compel coastal states, or suggest them to take the most proper actions with the purpose to reduce human losses caused by these dramatically dangerous sea crossing. Therefore search and rescue areas are agreed among neighbouring coastal states, as to cast responsibility of each of them in rescue operations at sea and give prompt and safe help to vessels, boats and human beings in situation of distress. The most serious events occurred in 2015 during these massive migrations, mostly in the Mediterranean sea, are shifting – and have already did it, indeed - the phenomenon of sea crossing by single boats in a unique and continuous flux daily registered, requiring quick and coordinate interventions from coastal states. As a matter of fact, and even conscious of their obligations towards protection of human rights, states feels challenged in their own sovereignty and find difficult to implement really efficient rescue operations at sea. European Union does not offer so far a cooperative platform, notwithstanding Frontex and Eurosur, so European institutional councils concerning not emergency rescue but immigration policies, leave to any state concerned the political choice of action with regard to persons rescued in distress. Only a burden sharing method seems likely to balance state sovereignty and human rights imperatives.